Sondhi Defence Mischief Lawyer in Newmarket

Looking for trusted Newmarket criminal lawyers? Let Sondhi Defence handle all the criminal charges. Call us now for a strong defense!
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Understanding Mischief Charges

Mischief is defined as unlawful interference with someone’s property, ranging from minor acts like damaging a television remote control to more severe offences such as destroying a motor vehicle. Regardless of the scale, a conviction for mischief can lead to serious consequences, including jail time, significantly impacting your life.

According to Section 430 (1) of the Canadian Criminal Code, you may face charges for mischief if you willfully:

  • Destroy or damage property.

  • Render the property dangerous, useless, inoperative, or ineffective.

  • Obstruct, interrupt, or interfere with property’s lawful use, enjoyment, or operation.

  • Obstruct, interrupt, or interfere with someone in the lawful use, enjoyment, or operation of their property.

The offence of mischief differs from the offence of vandalism because it involves deliberate and mischievous behaviour. However, actions aimed at intentionally damaging property may still be classified as vandalism. While mischief specifically deals with acts of interference or damage to property, property offences in Canada cover a wider array of criminal activities related to the unlawful acquisition, use, or disposition of property.

If you find yourself facing charges of mischief in Ontario, it is essential to have the right mischief lawyer at your side. At Sondhi Defence, we can help you understand your unique situation and fight your criminal mischief charges. We do this by carefully analyzing the circumstances surrounding the offence and creating a robust defence strategy to help you avoid a conviction.

Penalties and Other Consequences of Mischief Convictions

The potential penalties for mischief convictions depend on several factors, such as:

  • Your conduct and the circumstances surrounding the offence
  • The value of the property damaged
  • The category or type of mischief
  • The type of property damaged
  • Whether the crown proceeds by indictment (for serious acts) or summary conviction (for less serious acts)

Where the Crown prosecution chooses to proceed summarily, the maximum punishment is a fine of $5,000 or two years less a day or both. By indictment, the punishment ranges from two years to life imprisonment (where the mischief causes danger to a person’s life).

Mischief is a criminal offence, and a conviction will result in a criminal record that is accessible to the public. Additionally, your data will be made available on the Canadian Police Investigative Center (CPIC) database. Any organization or private individual who runs a background check with your information will see details of your criminal mischief conviction. This includes employers, housing agents, and insurance agents. It may also affect your reputation, freedom, and ability to access certain professional licenses.

Types of Mischief Offences

Individuals who commit mischief offences may face charges for damaging property over $5000 or under $5000. Mischief relating to property that exceeds $5000 is an indictable offence, and the maximum punishment is ten years in prison.

Less serious mischief offences related to property under $5000 are prosecuted summarily. They carry a maximum punishment of a $5000 fine or a prison term of two years less a day or both.

Special Categories of Mischief Offences

The criminal code specifies several categories of mischief, including:

  • Computer data mischief: This involves an interference with the use of computer data. You may be guilty of this offence if you willfully destroy or alter computer data or deny access to a person entitled to its use. For example, deleting a person’s social media data.
  • Mischief that relates to specific properties: This involves damage to religious property, educational institutions, or any building used for cultural or sporting activities. This type of mischief is motivated by factors such as bias, prejudice, hate, or ethnic origin.
  • Mischief relating to war memorials: Damaging property that serves as a monument to honour people who died during the war is an offence.

Legal Defences Against Mischief Charges

When defending against mischief charges, the type of defences that may be available will depend on the specific circumstances of your case. Nevertheless, a skilled criminal defence lawyer at Sondhi Defence can analyze the facts of your case and build an effective defence strategy in your favour.

Some common defences that we may apply to defend mischief charges include:

  • Accident: Accidents can happen to anyone at any time, which may be the same in your case. We may argue that the mischief was unintentional or accidental and that the requirement to act willfully has not been established.

  • Color of right: We may argue that you honestly believed that the property was yours and that you had legal authority to destroy it.

  • Mistaken identity: The Crown attorney must prove beyond a reasonable doubt that you committed the offence. We can challenge the evidence provided in court, including surveillance footage and the credibility of the witness statement.

Sondhi Defence’s Approach to Mischief Cases

Our commitment to fairness, empathy and excellence means we understand the emotional and psychological impact of mischief allegations. We can stand with you every step of the way, providing legal representation and emotional support. Our experienced criminal lawyers can dismantle the Crown prosecution’s narrative by highlighting inconsistencies with the evidence presented in court.

With our knowledge of criminal law, especially about mischief criminal offences, we can help improve your chances of getting your charges withdrawn.

Why Choose Sondhi Defence for Your Mischief Case

At Sondhi Defence, we take pride in guiding our clients through this complex criminal process, with the aim of presenting a persuasive case to the criminal court on their behalf.

  • Experience: We have a proven track record in handling criminal cases to yours in Ontario. Our experienced mischief lawyer can help you navigate the complexities of the Canadian judicial system effectively and ensure your case is handled with the nuance it deserves.
  • Reputation and reviews: Our reputation as trusted criminal defence lawyers among our clients is a good indication of our professionalism and success rate.
  • Commitment to client success: We are dedicated to your case and fight to ensure that each of you achieves the best possible results.

Get the Help You Need From a Skilled Criminal Defence Lawyer

If you are facing criminal charges for a mischief offence, it is essential to seek assistance from an experienced criminal lawyer who is familiar with the intricacies of criminal law. We at Sondhi Defence bring a unique perspective to mischief cases, which we can use to your advantage.

When you reach out to us, we can immediately get to work by helping you understand your charges and the options available. Contact us today to schedule a free consultation.

Get In Touch

If you or someone you know has been charged with a criminal offence, call us right away at 1 (855) 4-SONDHI and get our team on your side. 

Andrew George Cowan
Andrew George Cowan
I'd like to publicly state that I had the best experience with this firm. I have dealt with in excess of two hundred firms over three jurisdictions over several years for other matters but this firm is in a league of it's own. I was given realistic expectations and promised that the greatest attention to drafting and advocacy would be given to my case. Consequently, I got the best possible result and I owe it all to Sondhi Defence. I hold no reservation in recommending this firm be consulted before all other firms in Ontario.
Nic Dasavage
Nic Dasavage
My experience with Mr.Sondhi was smooth and informative.
Justin Yip
Justin Yip
Services provided were unparalleled... the patience, knowledge and overall determination for success to help me with my particular situation was an experience I will be forever grateful for. If there was an option for 5 1/2 stars I would select it... trust me will not be disappointed with the work this gentleman provides.
Sasha M
Sasha M
The absolute best top-notch lawyer had a case for two years, 2 1/2 years wasn’t moving anywhere, and the minute he got his hands on the case both of them they were dealt with majestically appreciate all the work that he’s done hours that is put in would recommend him to every and anyone🙌🏾🙏🏾🙏🏾
Lisa Williams
Lisa Williams
Sondhi Defence was an excellent choice for my real estate needs. Ryan and Ankush were great. Very knowledgeable and I really appreciated the attention to detail. Closing was smooth! I would recommend for anyone with legal needs. Would definitely use again!
Abdul Malik
Abdul Malik
Ankush was awesome as a counsel and supportive throughout the duration of the case like a friend as well. Fee were very reasonable and he is very accommodating with payment plans as well. See him for your case - you won't be disappointed.
Ryan Menaul
Ryan Menaul
If I could review a negative rating I would. You get what you pay for, I'd advise anyone reading this to compare him with any and all other law representatives you speak with.
I can't say enough good things about Mr. Sondhi and Larissa, they are absolutely amazing. My son got himself into some legal trouble for the first time and it was extremely stressful but the minute we spoke to Mr. Sondhi we felt a thousand times better. He's calm, professional and reassuring. He got us the best possible outcome beyond our expectations and in the future if I ever needed a lawyer I wouldn't hesitate to call him. Thank you again for everything over the last year!
Ankush and his team are the G.O.A.T.!! Stephen during my trial was amazing! I was falsely accused and charged with assault that comes with a 2yr jail sentence and these men got me acquitted of all my charges. I can't thank them enough for their hard work removing these charges so I can have a clean record so I can travel and see my daughter abroad. If you are stressed or have anxiety about your own case, give Ankush a call and trust me, he will deal with the business and get the results you desire!! Thank again Ankush and Stephen, I will definitely recommend you guy if I hear anyone in need.